SULEKHA GHOSE Vs. SANJIT KUMAR GHOSE

JUDGEMENT

(1.) This appeal is at the instance of the Defendant/Appellant and the same is directed against the judgment and decree passed by Shri P. Bhattacharjee, learned Additional District Judge, 10th Court Alipore, 24 -Parganas (South) in Matrimonial Suit No. 14 of 1989.

(2.) The Matrimonial suit leading to the instant appeal was instituted by the husband Sanjit Kumar Ghose against the wife Sulekha Ghose seeking decree of divorce on the ground of cruelty.

(3.) In a nutshell the case of cruelty as made out by the husband against the wife in the plaint may be stated as follows. The parties were known to each other and they were married according to Special Marriage Act on November 8, 1966 before the Marriage Officer at 110, Lower Circular Road, P.S. Entally, Calcutta - 14. Subsequent to the registration of their marriage the social marriage was held under the Hindu Marriage Act on January 30, 1967 and the parties started living together as husband and wife since then. One daughter was born to them on November 6, 1968. After few months the husband noticed that the wife was a lady of suspicious nature who used to make wild allegations about the character of the husband naming different ladies who were not at all known to the husband. The husband tried to make his wife understand that she should give up such suspicious habit. On several occasions the wife admitted such misconduct on her part but because of her suspicious nature she did the same thing again and again. The wife used to pick up unnecessary quarrel not only with the husband but also with the other members of his family. She did not allow the mother, brother and other relations of the husband to have any access to the house and used to insult them with ugly remarks. The wife was a whimsical lady and used to pick up quarrel with the husband without any rhyme and reason at the top of her voice. She used to humiliate the husband before the neighbours on various occasions in various places where she used to stay with her husband. To save her prestige and position the husband had to shift his residence to different places. During 1976 to 1979 when the husband was at Rourkela, the wife used to make false allegations intentionally touching upon the character of the husband and quoting the names of different unknown girls and also known ladies of the neighbourhood. In 1979 the husband was posted at Mayapore and was residing at Krishnagore. Within a few days the wife again started behaving' with him in the same manner. She started making bad remarks mentioning the name of the landlady in her loud voice. One -day she went to bus terminus for making enquiry as to whether any other woman along with her husband used to travel in the same bus or not. Such type of conduct of the wife caused mental torture upon the husband and because of such conduct of the wife the husband was suffering from serious mental agony and depression. Ultimately the husband tried to take transfer to Calcutta and started residing in his own house at New Barrackpore in 1981. The husband used to come to Calcutta for official work. The wife started alleging that her husband had developed relation with a number of ladies. In fact the wife surreptitiously made complaint to different authorities of the localities. In 1986 the husband came to know that the wife used to go to different relatives, friends and colleagues and made false allegations against the husband. In 1987 suddenly the wife announced that the husband got a male child through another lady and had been maintaining a separate establishment in a rented house at New Barrackpore. The relations, friends and the local party men and Ganatantrik Manila Samity were informed of the said allegations. Over this matter a meeting was proposed to be held and the wife agreed to sit for a meeting with leaders of the local party who advised her not to make such type of false allegations against the husband. Thereafter the wife became more arrogant and stopped talking to the husband, giving food and providing other daily necessities. The wife started sleeping separately in another room. After being totally mentally shattered the husband asked the wife as to what was her decision and the wife replied that the husband should go to the Court instead of asking her about her decision. The wife forced the husband to transfer the house property in her name. In October, 1987 since the husband did not transfer the house in the name of the wife, the wife behaved violently beating the husband and abusing him. Thereafter the husband was transferred to Patna in 1988. He did not fail to discharge his duty of sending money for the wife and the daughter. It would be harmful and injurious on the part of the husband to live with the wife when the marriage had been irretrievably broken down and there was no chance of any reconciliation. In 1967 the wife wanted to burn herself pouring kerosene oil on her body while the parties were staying at Sodepur. On various occasions the wife through her brothers threatened the husband# with physical assault and sent her second brother to the" husband's higher officials to lodge false, complaint against the husband. The parties had been living separately for the last one and a half years and the marital life of the parties had totally been broken down because of the cruel conduct of the wife. In the above circumstances narrated by him the husband sought a decree for divorce against his wife on the ground of cruelty.